Back / lumbar spine decisions — 2023

The Veteran's degenerative disc disease with lumbar spondylosis and spondylolisthesis is rated at 20 percent, but the evidence does not support a higher rating.,Both right and left lower extremity radiculopathy are currently rated at 20 percent.

The Veteran's psoriasis, right shoulder osteoarthritis, and sinusitis are granted as service-connected.,The Veteran's right shoulder condition (excluding osteoarthritis), to include tendinopathy and superior labral fraying, is remanded for further examination and opinion.,The Veteran's low back condition is remanded for further examination and opinion.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions regarding the onset and etiology of his cervical and lumbar spine disabilities. The claim for an acquired psychiatric disability is also remanded as it was not addressed in the initial decision.

The Veteran's claim for a higher rating for lumbar strain is granted, with a final effective date of July 1, 2018.

The Veteran's Lumbar Degenerative Arthritis is granted a rating of 40 percent from March 26, 2015 to September 4, 2020. A higher rating is denied for this period. For the period after September 4, 2020, a rating greater than 40 percent is denied.

The Board has determined that the Veteran's thoracolumbar spine disability and left lower extremity radiculopathy are secondary to his service-connected left knee disability, granting service connection for these conditions.

The Veteran's service connection for tinnitus is granted.,For the period prior to April 8, 2017, a rating in excess of 20 percent for lumbar DDD L5-S1 is denied. From April 8, 2017, a 40 percent rating is granted and a separate 20 percent rating is granted for each lower extremity radiculopathy.,The Veteran's right knee chondromalacia patella and meniscus residuals are rated at the noncompensable level. The scars on his knees and feet are also rated as noncompensable.,Service connection for PTSD is granted with an initial 50 percent rating, but not higher.

The Board has decided to remand the claim of service connection for a lumbar spine disorder due to additional information and evidence needed.

The Veteran's claim for service connection for obesity is denied.,Service connection for a left knee disorder was granted with an effective date of November 6, 2017. The earlier effective date prior to November 6, 2017 is denied.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's thoracolumbar degenerative arthritis of the spine is secondary to her service-connected left knee disability.

The Board has remanded the Veteran's claims for service connection and increased evaluation due to insufficient evidence in some cases, particularly regarding the etiology of his lumbar spine and right knee disabilities. The VA will obtain updated treatment records and provide additional opinions from medical professionals.

The Board denied service connection for a low back disability and obstructive sleep apnea, finding no evidence of in-service injury or disease that led to the current conditions.,Service connection was not granted as there is no credible evidence showing a direct link between the Veteran's current disabilities and his military service.

The Veteran's mid-back disability is granted service connection, while her rhabdomyolysis (upper body) claim is denied.

The Board has remanded the case for further development, including obtaining VA and private treatment records related to the Veteran's service-connected disabilities. The claim of TDIU is dependent on the impact of these conditions on the Veteran's ability to obtain or retain substantially gainful employment.

The Board denied the Veteran's claim for service connection of a low back condition, finding that it was not shown as chronic in service and did not manifest to a compensable degree within a presumptive period. The current diagnosed condition is attributed to aging and gradual physical deconditioning over time.

The Board denied the Veteran's claim for service connection for the cause of his death, finding that no service-connected disability was either the principal or a contributory cause of his death. The appeal for DIC benefits under 38 U.S.C. § 1318 was also denied as the Veteran did not meet the criteria for receiving such benefits.

The Board has granted the Veteran's claim for service connection for his lumbar spine degenerative disc disease with spondylolisthesis as secondary to his service-connected left knee disability.

The Veteran's lower back disability, left thigh disability, and tinnitus have been granted service connection.,Bilateral hearing loss is remanded for further evaluation.

The Veteran's kidney stones are rated at 30 percent, the maximum rating available under Diagnostic Code 7508.,The Veteran's low back disability is currently rated at 20 percent. The evidence does not support a higher rating as forward flexion was to 65 degrees with no favorable ankylosis.,Left lower extremity radiculopathy in the sciatic nerve is rated at 10 percent, and right lower extremity radiculopathy in the sciatic nerve is also rated at 10 percent. Both are currently rated as they should be based on the current findings.,Beginning August 7, 2017, left lower extremity radiculopathy in the femoral nerve was granted a separate 10 percent rating and right lower extremity radiculopathy in the femoral nerve was also granted a separate 10 percent rating.

The Board has ordered a new remand due to inadequate opinions regarding the relationship between the Veteran's back disorder and service-connected left foot hammer toes. The Veteran needs a new medical opinion on whether their back condition was caused or aggravated by their pre-existing foot condition.